Thursday, 31 March 2011

Two weeks ago, Friday the 18th, in a ceremony in the imperial city of Cusco, the Peruvian Institute of Intellectual Property (INDECOPI) granted Denomination of Origin (DO) to the term "Machu Picchu Coffee - Huadquina”. This is the second coffee that Peru certified as a DO and the seventh DO.

The recognition is based on a technical study, which found that "Machu Picchu Coffee -Huadquina" possesses particular characteristics obtained by the geographic environment where it is grown and also to its production techniques used by the farmers in the area.

"Café Machu Picchu - Huadquina" is the seventh recognized DO in Peru. The first was 'Pisco' (spirit drink), then ‘Maiz Blanco Gigante Cusco’ (corn), 'Chulucanas' (handicraft) and 'Pallar de Ica' (bean). Form these fours, three were included in the FTA between Peru/Colombia and the EU. Later one, Peru granted two more DO: ‘Café Villa Rica’ and ‘Loche of Lambayeque’ (type of pumpkin) and now Peru has another coffee – will they be included in the FTA? I wonder this, because the news informs that the INDECOPI will manage its recognition and protection in all member countries of the Lisbon Agreement (administered by the World Intellectual Property Organization (WIPO)) and so, I thought that it should also discuss this issue with the EU, don’t you agree? and try some lucky. I mean we are talking about protection in 27 countries.

Wednesday, 30 March 2011

This April, the Brazilian Instituto Nacional da Propriedade Industrial (INPI) will launch a new system that will allow faster registration of patent applications coming to the Institute from the outside - via Cooperation Treaty (PCT), which will help to accelerate the process. This system called the Data Acquisition System PCT (SISAD-PCT) provides automatic data acquisition with access to all information of a PCT application, by communicating with the database of the World Intellectual Property Organization (WIPO).

In the first stage the system will be used to fill in applications with dates of deposits between 2006 and 2009. In addition, the tool will allow the inclusion of information that may have been omitted, referring to the inventors or applicants and priorities. It is hoped that this first stage should be completed in the first half of April.

The second stage, still under study, provides for the incorporation of the SISAD-PCT into SINPI (internal system containing bibliographic data), in order to facilitate the registration since the beginning of PCT applications.

Tuesday, 29 March 2011

The industrial property offices of Brazil and Portugal are already working on a plan to advance the cooperation between them, with the renewal of the current Memorandum of Understanding, planned for April. The two Institute Nacional da Propiedad Industrial - INPI’s presidents, Jorge Avila and Leonor Trindade, met on March 21, 2011 at the Institute of Brazil, in Rio de Janeiro to discuss the prioritisation of some issues. For instance: to promote the exchange of patent examiners, to deepen the discussion on the creation of the trade mark ‘lusófona’ and work together to develop the area of IP in Portuguese speaking African countries.

According to the news, Portugal’s INPI has computerized all its procedures, with 99% of trade mark applications and 97% of patent applications made online. The institute has also innovated in the Portuguese working model offered to its employees, having successfully implemented teleworking, giving the option to examiners and technologists to work from home.

Monday, 28 March 2011

It has been reported that Paraguay's Ministry of Industry and Commerce has proposed a law to protect appellations of origin and geographic indications. Foreign appellations and GIs will be registrable, so long as (i) they are protected in their country of origin, and (ii) the country of origin offers reciprocal treatment for appellations and GIs emanating from Paraguay.

The proposed law has a lengthy list of terms that will not be registrable. These include generic terms, terms which are liable to confuse or mislead consumers and those which are already registered as trade marks. Like trade marks, however, registration will be for an initial period of ten years and will be renewable. All registrations will be subject to modification or cancellation where appropriate. Enforcement is to be the responsibility of the Ministry of Industry and Commerce, which can order injunctive relief or inflict fines, while the courts will have the power to impose fines or prison sentences of up to five years in counterfeiting cases.

There is no significant opposition to the bill, which is expected to become law later this year.

Thursday, 24 March 2011

"In Brazil And The IP World, It’s Tropicalization Time!" is the intriguing title of a piece, posted earlier this month on the excellent Intellectual Property Watch and penned by Benny Spiewak (KLA-Koury Lopes Advogados, Sao Paulo, Brazil). In the course of his narrative on the rise of Brazil he says

". While Brazil celebrates the Carnival and the claim that it is the fifth largest economy in the world, some data-mining highlights that the Brazil may be all but relaxed when it comes to IP and knowledge-related policies. In a well-developed and absolutely focused strategy that resembles a goal-resulting soccer play, Brazil became a major stakeholder in the world’s IP and trade-related policies. From the drug transit case, which brought the BRIC’s B and I even closer, to the analysis of WHO’s relationship with the IMPACT taskforce, Brazil’s takes on IP and international trade are duly noted.

For instance, one cannot help recalling the valuable WTO decision on the longstanding upland cotton case that entitled Brazil also to seek to suspend certain obligations under the TRIPS Agreement [the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights]. The decision clearly leveraged the Brazilian position towards its commercial relationship with the US. However, instead of materializing the wishes of an angry crowd that wanted Brazil to cross-retaliate Brazil-based US IPRs, Brazil concluded with the US the so-called Framework for a Mutually Agreed Solution to the Cotton Dispute. Brazil’s position on the matter was a clear statement that Brazil is not an anti-IP guinea pig, but rather a strong strategist and consistent international player. ...

All in all, it is a fully acceptable argument that the current Brazilian position in the international arena is new, and thus, hard to measure. However, it is not commercially acceptable – and could be a mistake – to disregard Brazil’s up and coming importance, mainly in the IP field. In brief, it is Tropicalization Time. Have you tropicalized yourself already?"

A read of the full article is a persuasive affirmation of Brazil's importance in the world of IP and IP's importance to Brazil -- but there's something that troubles this blogger. The author writes " Brazil became a major stakeholder in the world’s IP and trade-related policies" -- which is true, but the content of his article appears to support the contention that Brazil's stake is solely that of a consumer, or at best a policeman, of others' rights but not an IP rights owner itself. One might argue that, until Brazil has as much interest in protecting its own IP as it has in consuming the IP of others, that exciting country is only an overgrown and overheated developing economy which a vested interest in staying that way.

Monday, 7 March 2011

The February 2011 PIIPA Monthly Case Study, entitled "Traditional Knowledge & Biopiracy: The Peruvian Maca Root", explains that the maca root is an herbaceous, perennial, cultivated crop that is native to the Andes in Peru. Maca plants have medicinal values that include increasing libido, stamina, fertility and alleviating insomnia -- which presumably makes them useful for bloggers. For centuries, the people in the Andes have been using the maca root for its medicinal properties and now maca is exported around the world. The Peruvian people’s use of maca for medicinal purposes is an example of traditional knowledge.

PIIPA -- the Public Interest Intellectual Property Advisors -- records that the National Institute for the Defense of Competition and Intellectual Property (INDECOPI) is a Peruvian government agency charged with the responsibility for market promotion and protection of consumer rights, as well as ensuring honest competition while protecting all forms of intellectual property. It seems that INDECOPI discovered that there were over 100 patents directed to inventions related to Peruvian indigenous plants, the maca root or that included maca derivatives in the patent claims. With the pro bono assistance of US law firm Sterne Kessler Goldstein & Fox, INDECOPI formulated an anti-biopiracy policy which involved the compilation of a dossier of maca-related prior art as well as lodging some patent oppositions.

Friday, 4 March 2011

A media release from the World Intellectual Property Organization yesterday, "WIPO to Support South American Countries in Regional Collaborative Project" (here), makes interesting reading -- if not exactly surprising news. Something like "WIPO says 'no' to regional collaborative project" would certainly catch more attention, but it's our duty to make sure that the good news travels, so here it is:

"WIPO has responded positively to a request by a group of nine South American countries – Argentina, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Suriname and Uruguay – to assist in their efforts to improve services to local and international users of the IP system, initially through sharing patent examination results and other intellectual property (IP) resources.

The request came in a letter to WIPO Director General Francis Gurry from the President of Argentina’s industrial property office (INPI-Argentina), Mr. Mario Aramburu, who was writing on behalf of the nine countries. The letter informs Mr. Gurry that these nine countries have agreed on a regional project “to develop a common platform that allows the integration, exchange of information and system compatibility for the nine participating countries.” The project is referred to as PROSUR (regional cooperation system on IP). The letter further requests WIPO’s involvement, as a “specialized cooperating agency of the project…to develop the general support for the PROSUR process.”

Mindful of the general concerns about patent quality and efficiency of the global patent system, WIPO has developed a technology platform called “WIPO CASE” which allows for the sharing of confidential search and examination information between IP offices and is already being used or evaluated by other regional groupings.

“WIPO CASE offers a platform for patent offices to share information and reports relating to patent search and examination. The platform should thus contribute to enhancing the quality and efficiency of search and examination.” said Mr. Gurry while welcoming the collaborative effort by these nine South American countries.

WIPO will assist PROSUR members in this regional integration project by developing the necessary infrastructure, including use of the WIPO CASE platform, training of patent examiners and other IP professionals as well in strengthening ongoing horizontal cooperation efforts to support PROSUR. Mr. Aramburu said “this is a first step towards the integration of IP offices in the region.”

This writer is saddened at the omission from this list of countries of some jurisdictions which would greatly benefit from this initiative and hopes that they will not be left behind, for political or other reasons, when the fruits of progress ripen on the tree of cooperation.

Yesterday, 3rd of March, was presented at the INPI one of its new structures: the Center for Intellectual Property Protection(CEDPI). This organization is designated to create mechanisms for resolving disputes involving IP assets. The speech was given by lawyer Richard Sichel and also by other officers from the CEDPI.

According to the information, INPI will use its expertise in intellectual property to mediate conflicts and to reduce the costs of disputes. There was indication that at this moment there is a group studying what would be the demand of this process in Brazil. To do so, the group is analysing the processes on counterfeiting in the Brazilian Judiciary.

The CEDPI is also evaluating the experiences of international arbitration in intellectual property, especially those taken place in Canada, the UK and Israel.

In addition, CEDPI is participating in a project of the Federation of Industries of São Paulo (FIESP) which enables public servants to act against piracy. Also, CEDPI will undertake studies to combat counterfeiting and unfair competition.

Tuesday, 1 March 2011

Last week the Peruvian Institute of anti-competition and intellectual property (INDECOPI)awarded to the National Association of Producers of Pisco, the authorization to operate as the Regulator of the Designation of Origin Pisco. INDECOPI communicates that this authorization is “transcendental in the pisco industry, which constitutes an important step towards the management, control and improve the quality of our drink Pisco”.

According to the information, the Regulatory Council is formed by producers who are authorized to use the Pisco appellation of origin. Among its main activities, the Regulatory Council will guide, monitor and control the production and processing of Pisco. Also, it will ensure the origin and quality of product, through a system of quality control. By this, it will ensure the prestige of the appellation of origin in the domestic market and abroad and it will act with legal capacity to represent and defend the interests of Pisco.